Swankowski v. Diethelm

The trial court sustained the demurrer of defendant to plaintiff’s petition and, plaintiff not desiring to plead further, her petition was dismissed and judgment of dismissal and for costs was entered.

The material allegations in plaintiff’s petition disclose that an earlier action had been filed in the Court of Common Pleas by plaintiff against defendant and that the demurrer of defendant to her petition in that action was sustained and said action dismissed September 9, 1952.

It appears further that within one year from the date of dismissal of the earlier action, plaintiff filed her petition…